Bail Bonds Law: Necessary Records, Information & Document Retention
The following California Bail regulations and laws are taken from the California Insurance Code (sections relevant to the undertaking of bail) and Penal Code for the undertaking of bail bonds and Title 10, Article 2 of the California Code of Regulations pertaining to records, information and document retention for bail bondsmen. Tonya Page Bail Bonds is not responsible for omissions or errors, for further clarification please visit my online privacy policy statement.
|
Business; temporarily conducting; records |
Title 10 |
|
|
Communications; confidential |
Title 10 |
|
|
Copies; retention be licensee |
Title 10 |
|
|
Delivery; statements of bail transactions; contents |
Title 10 |
|
|
Destruction of records; agent |
Title 10 |
|
|
Documents; retention of by licensee |
Title 10 |
|
|
Documents; retention of copies by licensee |
Title 10 |
|
|
Failure to keep records |
Insurance |
|
|
Inspection; necessary records open |
Title 10 |
|
|
Records retention |
Title 10 |
|
|
Records; destruction |
Title 10 |
|
|
Records; failure to keep |
Insurance |
|
|
Records; temporarily conduction business |
Title 10 |
|
|
Records; temporary associations |
Title 10 |
|
|
Retention of copies |
Title 10 |
|
|
Retention of documents; originals or duplicates |
Title 10 |
Business; temporarily conducting; records
Title 10 2101.3
See also Business Operations
2101.3. Records; Temporarily Conducting Business
During the time a bail agent or permittee is temporarily conducting the business of
another bail agent or permittee as provided in Section 2065 (e), such bail agent or
permittee shall be responsible for the proper entries in and the retention of the books
and records of such other bail agent or permittee but he may use the forms and
documents usually used by the permanent owner of the bail business. Following such
temporary conduct of his business the permanent owner of such business is
responsible for the retention of such books and records.
Communications; confidential
Title 10 2069
See also Unlawful or Prohibited
2069. Confidential Communications; Information
No bail licensee shall disclose or reveal any information coming into his possession or
to his knowledge concerning an impending arrest or detention of a person by a law
enforcing agency, except in accordance with the lawful inquiry of a law enforcement or
judicial officer, unless such information is a matter of public record or knowledge.
Copies; retention be licensee
Title 10 2098
2098. Documents; Retention of Copies by Licensee
If a bail licensee has arranged for the posting of bail, he shall in each case retain in his
records a copy of the following documents:
(a) The document or documents furnishing the arrestee or person
negotiating bail on his behalf with the information required by Section 2083.
(b) The collateral receipt or any form of agreement relating thereto
described in Section 2083 (m).
(c) The document listing additional charges required by Section 2083.5.
(d) Any written representation made to a court or a public official with
respect to the matters dealt with in Section 2091.
(e) An guarantor’s agreement.
(f) All documents signed by the arrestee or any person with whom bail is
negotiated, the originals of which are not retained by the licensee.
(g) All documents delivered to the arrestee or any person with whom bail is
negotiated.
Delivery; statements of bail transactions; contents
Title 10 2083
See also Forms & Documents
2083. Written Statements of Bail Transactions; Contents; Delivery
Every bail licensee shall, at the time of obtaining the release of an arrestee on bail or
immediately thereafter, deliver to such arrestee or, if the negotiations concerning the
bail were not with the arrestee, to the principal person with whom such negotiations
were had, a numbered document containing the following information:
(a) If an undertaking of bail, the name of the surety insurer.
(b) The name and address of the bail licensee.
(c) The name of the arrestee.
(d) The date of release of the arrestee.
(e) The date, time and place of the arrestee’s required appearance.
(f) The amount of bail.
(g) The offenses with which the arrestee is charged.
(h) The premium if an undertaking of bail, or the charge if a bail bond.
(I) An itemization of all actual expenses described in Section 2081 (c) and
(d), supported by vouchers and receipts, or true copies thereof.
(j) The total amount of all charges.
(k) The amount received on account.
(l) The unpaid balance, if any.
(m) A description of and receipt for any collateral received and a statement
of any conditions relating thereto including a copy of any written agreement
Destruction of records; agent
Title 10 2104
2104. Destruction of Records
Five years after the final completion of all parts of a bail transaction, a bail licensee may
destroy his records pertaining to such transactions.
Documents; retention of by licensee
Title 10 2097
2097. Documents; Retention of Originals or Duplicates by Licensee
Every bail licensee shall retain in his records the original or duplicate original of the
following:
(a) Any written request received by him from an arrestee or person acting on
his behalf which resulted in the posting of bail by such licensee.
(b) The application for bail signed by the arrestee or person negotiating bail
on his behalf.
Failure to keep records
Insurance 1745
1745. A first failure to keep or maintain the books and records required under Section 1727 may be considered by the commissioner to be a minor offense if committed by a licensee described in Section 1746 and the commissioner may, in lieu of notice and hearing referred to in Section 1738, take disciplinary proceedings and action as set forth in Section 1746.
Inspection; necessary records open
Title 10 2100
2100. Necessary Record; Open to Inspection
Every bail agent or permittee shall keep complete records of all business done under
authority of his license or under the authority of the license of any bail solicitor, bail
agent or bail permittee employed by him. All records kept by such agent or permittee,
including all documents and copies thereof shall be open to inspection or examination
by the commissioner or his representatives at all reasonable times, at the principal
place of business of the licensee as designated in his license. Such records shall
include at least the following information as to each bail transaction shown either in one
of the forms required by the provisions of these rules or in a separate book, ledger, or
card record:
(a) The full name and address of the arrestee.
(b) The date of arrest, the offense with which the arrestee was charged, the
penal amount of the bail, the premium for the undertaking of bail or the amount
charged for the bail bond, the date the bail was filed or delivered, and the court
or public official before whom the arrestee must appear.
(c) The full name and address of the person furnishing information leading
to the solicitation or negotiation of the bail, the date and time such information
was received, the manner in which it was received, the connection or
relationship to the arrestee of the person other than the arrestee furnishing such
information, and the name of the person receiving such information.
(d) If the bail was negotiated with any person other than the arrestee, the
full name, address and connection or relationship to the arrestee of such
person, and the name of the person who carried out the negotiations on behalf
of the licensee.
(e) If the bail was negotiated directly with the arrestee, a full statement of
the manner in which the arrestee communicated with the licensee and the name
of the person receiving such communication.
(f) The full name and address of each and every person directly or indirectly
paying, promising to pay, or guaranteeing the payment of, the whole or any part
of the premium, guard fees, charges for extraordinary services, or collateral
made or deposited in connection with a bail transaction.
(g) The name of any bail licensee from whom the business was accepted or
to whom commission was promised or paid in connection therewith, and the
amount of commission promised or paid.
(h) The name of any person who received or was promised any portion of a
premium, guard fee, charge or commission or was compensated in any manner
directly or indirectly on account of any bail transaction. (i) If any valuable
consideration other than money was received in connection with a bail
transaction, a full statement in explanation of such consideration and the
circumstances attendant thereto.
(j) Where a writ bond was issued, the name of the attorney appearing
thereon.
(k) A separate book record which shall show the date of receipt of any
collateral as a guarantee in a bail transaction, the name of the person from
whom it was received, the name of the person receiving it, a complete
description of the collateral, the amount of bail guaranteed, the amount of
premium guaranteed and the disposition of the collateral. If the collateral was
returned, the date of its return and the name of the person to whom it was
returned.
Records; destruction
Title 10 2103
2103. Information; Not Required; Severability
Any bail licensee secure from any person with whom he engaged in a bail transaction
information in addition to that required by these rules or his signature to documents
other than those required by these rules. If such information is secured as a part of the
same document which contains any of the information required by these rules, it shall
be clearly severable and the licensee, in using such document, may, at his discretion,
omit the use of the portion of it which is not required by these rules.
Records; temporary associations
Title 10 2101.2
2101.2. Records; Temporary Associations
If two or more bail agents or permittees are temporarily associated for the purposes of
a single or series of bail transactions, each shall be responsible for keeping sufficient
records to identify the transactions and to meet the requirements of this article with
respect to the portion of the transaction conducted by him
More California Bail Bonds Resources
Updated: 01/03/2013